Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Cited Prior Art
The present rejection(s) reference specific passages from cited prior art. However, Applicant is advised that the rejections are based on the entirety of each cited prior art. That is, each cited prior art reference “must be considered in its entirety”. (See MPEP 2141.02(VI)) Therefore, Applicant is advised to review all relevant portions of the cited prior art if traversing a rejection based on the cited prior art.
Election/Restrictions
Applicant’s election without traverse of species a(ii), b(iii)(2), b(iv)(3), and, b(v)(5), reading on claims 1-5, 10-17, and 19-20 for examination in the reply filed on 4/16/2026 is acknowledged.
Claims 6-9, 18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 4/16/2026.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“rotatable operation member” in claims 1, 19, and 20.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112b
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 4, 13, 19, 20 and dependent claims are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 4 recites “and/or each pair of adjacent sub-triggering areas has a same space”. It is unclear what “has a same space” requires in this context. Having the same space could be interpreted as occupying the same physical space, where they areas are on top of each other. This does not appear to be applicant’s intent, and therefore the claim must be amended to clarify the indefiniteness. This will be interpreted as provided in the rejection.
Claim 13 requires an optical detection member 52 with an emitting end 52a and receiving end 52b configured on the same side of the optical triggering member 51. Of the two apparent configurations provided in fig 7 and 11 with 12, it does not appear either of these configurations read on the claim requirement. The configuration of fig 7 appears to show only one detection member without any “ends” labeled. The configuration of figs 11 with 12 shows the two ends 52a and 52b, but they appear to be on opposite sides of the triggering member 51. As such, it is unclear how this configuration would operate and is therefore considered indefinite. It will be interpreted as provided in the rejection.
Claim 19 recites “a detection apparatus, which comprises an optical detection member, wherein the optical detection member is arranged at the other of the operation member and the fixation member”. There is a grammatical error in the claim and it is unclear what is being intended. It will be interpreted as provided in the rejection.
Claim 20 recites “wherein: at least one of the optical triggering member and the optical detection member, and an operation member are linked together”. This claim limitation appears differ from the other independent claims, in that the other claims recite “the operation member” referring to a previously recited “rotatable operation member”, but the recitation of “an operation member” in this claim implies a different claimed element from that the previously recited “rotatable operation member”. Applicant is required to clarify this inconsistency and indefinite claim recitation.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-5, 12, 13, 17, 20 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Ohno US20180353054.
Ohno discloses for claim 1, “A medical endoscope device (third embodiment of fig 8, 0104-0115 along with superseding first embodiment 0018-0080), comprising:
an insertion portion (insertion unit 2; fig 1; 0020-0024), which comprises a front end and a rear end; wherein the front end of the insertion portion is capable of being inserted into a region of a patient to be observed, so as to acquire an image light which is reflected and/or excited by the region of the patient to be observed; and
an imaging head (medical imaging apparatus 5B; fig 1, 8; 0105), which comprises:
an optical component (lens unit 18; fig 1; 0037), wherein the optical component and the rear end of the insertion portion are optically butted (fig 1);
an image sensor component (imaging unit 21; fig 2; 0037), wherein the optical component and the image sensor component are movable relative to each other (fig 2; 0057 describes at least one lens movable along an optical axis); the optical component is configured to illuminate the image sensor component with the image light which is acquired by the insertion portion (fig 2; 0057); the image sensor component is configured to obtain the image light and generate an image signal according to the image light (0061), wherein the image signal is used to generate a visible image of the region of the patient to be observed (0031 describes the display of the generated image);
a driving apparatus (driving apparatus 20; fig 1), which is connected with the optical component and/or the image sensor component, and is configured to drive at least one of the optical component and the image sensor component to move, so as to adjust a distance of an optical path between the optical component and the image sensor component (fig 2; 0059 describes the function of the driving apparatus to move the lens);
a rotatable operation member (manipulation ring 14B; fig 8; 0107); and
a detection apparatus, which comprises an optical triggering member (reflection ring 144; fig 8; 0109) and an optical detection member (optical sensor 17B and optical element 24; fig 8; 0111), wherein at least one of the optical triggering member and the optical detection member, and the operation member are linked together, so as to move together (0108 describes the coupled motion of the manipulation ring 14B and the reflection ring 144), and a rotation of the operation member is capable of enabling a relative rotation between the optical triggering member and the optical detection member (0111 describes the optical sensor 17B detects the rotation of the manipulation ring 14B);
wherein:
the optical triggering member is provided with a triggering area (0109 describes white and black reflective plates, either plate operating as a triggering member due to the contrast between the two); and
the optical detection member (optical sensor 17B and optical element 24) is configured to emit a detection light and illuminate the triggering area with the detection light (0113 describes the illumination of the triggering area); the triggering area is configured to reflect or transmit the detection light; wherein during the rotation of the operation member, different positions of the triggering area are illuminated by the detection light (0109 describes the alternating illumination configuration); the optical detection member is further configured to receive the detection light which is reflected or transmitted by the triggering area, and generate different electrical signals based on the reflected or transmitted detection light (fig 8; 0113-0114); the driving apparatus is further configured to drive at least one of the optical component and the image sensor component to move according to the different electrical signals, so as to adjust the distance of the optical path between the optical component and the image sensor component to achieve focusing (0075 describes the focusing function)”.
Ohno discloses for claim 2, “The medical endoscope device according to claim 1, wherein: the different electrical signals are capable of at least being used to determine a rotation angle of the operation member (0007, 0107, 0113-0114 describes the detection of the rotation direction and angle amount); or reflection or transmission of the detection light by the different positions of the triggering area is capable of forming different reflected lights or different transmitted lights; the optical detection member is further configured to receive the different reflected lights or the different transmitted lights, and generate the different electrical signals based on the different reflected lights or the different transmitted lights”.
Ohno discloses for claim 3, “The medical endoscope device according to claim 1, wherein the triggering area comprises a plurality of sub-triggering areas which are arranged along a circumferential direction, wherein adjacent sub-triggering areas have different light reflectivity or different light transmissivity (fig 8; 0113 describes the illumination of the triggering area)”.
Ohno discloses for claim 4, “The medical endoscope device according to claim 3, wherein each sub-triggering area has a same width along the circumferential direction, and/or each pair of adjacent sub-triggering areas has a same space; or light reflectivity or light transmissivity of the plurality of sub-triggering areas increases or decreases along the circumferential direction (fig 8; 0113 describes the illumination of the triggering area)”.
Ohno discloses for claim 5, “The medical endoscope device according to claim 1, wherein the triggering area comprises a first sub-triggering area and a second sub-triggering area which are alternately arranged, wherein the first sub-triggering area and the second sub-triggering area have different light reflectivity or different light transmissivity (fig 8; 0113 describes the illumination of the triggering area)”.
Ohno discloses for claim 12, “The medical endoscope device according to claim 1, wherein the optical triggering member is provided with a side flat surface, a central axis of the relative rotation between the optical triggering member and the optical detection member is perpendicular to the side flat surface, the triggering area is arranged on the side flat surface; or the optical triggering member is provided with a cylindrical surface, a central axis of the cylindrical surface overlaps with the central axis of the relative rotation between the optical triggering member and the optical detection member, the triggering area is arranged on the cylindrical surface (fig 8 shows a cylindrical surface configuration)”.
Ohno discloses for claim 13, “The medical endoscope device according to claim 1, wherein the optical detection member is provided with an emitting end and a receiving end (optical element 24 and optical sensor 17B constitute the emitting and receiving ends; fig 8); wherein the triggering area is configured to reflect the detection light, the emitting end and the receiving end are located at a same side of the optical triggering member (the optical element 24 and optical sensor 17B are configured on the same side as the reflection ring 144; fig 8); and/or the triggering area is configured to transmit the detection light, the emitting end and the receiving end are located at respective sides of the optical triggering member.
Ohno discloses for claim 17, “The medical endoscope device according to claim 1, wherein the imaging head is provided with a sealed cavity, wherein the detection apparatus is located inside said sealed cavity, and the optical component and the image sensor component are located inside said sealed cavity (casing 11; fig 2; 0038, 0043)”.
Ohno discloses for claim 20, “A medical endoscope device, comprising:
a rotatable operation member (manipulation ring 14B; fig 8; 0107); and
a detection apparatus, which comprises an optical triggering member (reflection ring 144; fig 8; 0109) and an optical detection member (optical sensor 17B and optical element 24; fig 8; 0111);
wherein:
at least one of the optical triggering member (reflection ring 144; fig 8; 0109) and the optical detection member (optical sensor 17B and optical element 24; fig 8; 0111), and an operation member are linked together, so as to move together (0108 describes the coupled motion of the manipulation ring 14B and the reflection ring 144), and a rotation of the operation member is capable of enabling a relative rotation between the optical triggering member and the optical detection member (0111 describes the optical sensor 17B detects the rotation of the manipulation ring 14B);
the optical triggering member is provided with a triggering area (0109 describes white and black reflective plates, either plate operating as a triggering member due to the contrast between the two); and
the optical detection member (optical sensor 17B and optical element 24) is configured to emit a detection light and illuminate the triggering area with the detection light (0113 describes the illumination of the triggering area); the triggering area is configured to reflect or transmit the detection light; wherein during the rotation of the operation member, different positions of the triggering area are illuminated by the detection light (0109 describes the alternating illumination configuration); the optical detection member is further configured to receive the detection light which is reflected or transmitted by the triggering area, and generate different electrical signals based on the reflected or transmitted detection light (fig 8; 0113-0114); wherein the different electrical signals are used for focusing of the medical endoscope device (0075 describes the focusing function)”.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 10, 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ohno as applied to claim 1 above, and further in view of Talbert US20200397253 .
Ohno does not disclose for claim 10, “The medical endoscope device according to claim 1, wherein the triggering area has gradually changed light reflectivity or gradually changed light transmissivity along a circumferential direction”. Talbert teaches in the same field of endeavor, a rotation sensing system 1100 in fig 11 that uses any suitable light source such as an LED and a continuous annulus 1130 which is reflective with a varying degree of reflectivity as in fig 11. The reflectivity may vary linearly which allows the detection of the angle of rotation to be measured (0249). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the modification of Talbert into the invention of Ohno in order to configure the endoscope e.g. as claimed because it reduces the complexity of the angular detection mechanism by eliminating the need for a special two-phase light source and/or the need for an additional light source (as required by Ohno 0113) such that a single simple LED light source can be used (0248-0249) generating potential cost savings in material and manufacturing.
Modified Ohno discloses for claim 11, “The medical endoscope device according to claim 10, wherein the gradually changed light reflectivity or the gradually changed light transmissivity is linearly changed light reflectivity or linearly changed light transmissivity (Talbert 0249 discusses a linearly changing reflectivity)”.
Claim(s) 14-16, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ohno as applied to claim 1 above, and further in view of Takamura US4697894.
Ohno does not disclose for claim 14, “The medical endoscope device according to claim 1, wherein: an environment surrounding an optical path of the optical component and an environment surrounding an optical path of the detection apparatus are isolated from each other; and the medical endoscope device further comprises a lens barrel; wherein the optical component is arranged inside the lens barrel, the environment surrounding the optical path of the optical component is located at an inner side of the lens barrel, the environment surrounding the optical path of the detection apparatus is located at an outer side of the lens barrel”, Ohno simply lacking the specific implementation of the elements outside of a schematic provided in fig 8. Takamura teaches in the same field of endeavor, providing a hermetically sealed lens barrel (fig 2; 2:50-52). Since Ohno fails to disclose the nature of the lens support, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used any suitable lens support known in the art, including the one taught by Takamura, to achieve the predictable result of providing a holding support for the lenses, which additionally provides a hermetic seal for the lens.
Modified Ohno discloses for claim 15, “The medical endoscope device according to claim 14, wherein the operation member is located at the outer side of the lens barrel (Ohno: fig 2 shows the configuration of the lens with respect to the operation member/manipulation ring 14B which would be external to the lens barrel), and is capable of rotating relative to the lens barrel (Ohno: 0107); wherein the operation member and/or the lens barrel are/is provided with an annular groove (Ohno: there is an annular groove to provide the space for the reflection ring 144 as seen in fig 8), and the detection apparatus is located inside said annular groove; or the operation member is provided with an annular groove, the optical triggering member is located at a side wall of said annular groove along an axial direction, and the optical detection member is arranged at the lens barrel (Ohno: there is an annular groove to provide the space for the reflection ring 144 as seen in fig 8)”.
Ohno discloses for claim 16, “The medical endoscope device according to claim 15, wherein the annular groove (the groove which houses the reflection ring 144 opens facing the axis) has an axial opening, wherein the axial opening is provided with a first sealing member (O-ring 143; fig 8; 0052)”.
Modified Ohno (as provided in claim 14) discloses for claim 19, “A medical endoscope device (third embodiment of fig 8, 0104-0115 along with superseding first embodiment 0018-0080), comprising:
an insertion portion (insertion unit 2; fig 1; 0020-0024), which comprises a front end and a rear end; wherein the front end of the insertion portion is capable of being inserted into a region of a patient to be observed, so as to acquire an image light which is reflected and/or excited by the region of the patient to be observed; and
an imaging head (medical imaging apparatus 5B; fig 1, 8; 0105), which comprises:
an optical component (lens unit 18; fig 1; 0037), wherein the optical component and the rear end of the insertion portion are optically butted (fig 1);
an image sensor component (imaging unit 21; fig 2; 0037), wherein the optical component and the image sensor component are movable relative to each other (fig 2; 0057 describes at least one lens movable along an optical axis); the optical component is configured to illuminate the image sensor component with the image light which is acquired by the insertion portion (fig 2; 0057); the image sensor component is configured to obtain the image light and generate an image signal according to the image light (0061), wherein the image signal is used to generate a visible image of the region of the patient to be observed (0031 describes the display of the generated image);
a driving apparatus (driving apparatus 20; fig 1), which is connected with the optical component and/or the image sensor component, and is configured to drive at least one of the optical component and the image sensor component to move, so as to adjust a distance of an optical path between the optical component and the image sensor component (fig 2; 0059 describes the function of the driving apparatus to move the lens);
a rotatable operation member (manipulation ring 14B; fig 8; 0107);
a fixation member (Takamura: a hermetically sealed lens barrel; fig 2; 2:50-52), wherein the operation member is rotatable relative to the fixation member, one of the operation member and the fixation member is provided with a triggering area (0109 describes white and black reflective plates, either plate operating as a triggering member due to the contrast between the two); and
a detection apparatus, which comprises an optical detection member (optical sensor 17B and optical element 24; fig 8; 0111), wherein the optical detection member is arranged at the other of the operation member and the fixation member (interpreted as the configuration seen in fig 8), and a rotation of the operation member is capable of enabling a relative rotation between the triggering area and the optical detection member (0111 describes the optical sensor 17B detects the rotation of the manipulation ring 14B); and
the optical detection member (optical sensor 17B and optical element 24) is configured to emit a detection light and illuminate the triggering area with the detection light (0113 describes the illumination of the triggering area); the triggering area is configured to reflect or transmit the detection light; wherein during the rotation of the operation member, different positions of the triggering area are illuminated by the detection light (0109 describes the alternating illumination configuration); the optical detection member is further configured to receive the detection light which is reflected or transmitted by the triggering area, and generate different electrical signals based on the reflected or transmitted detection light (fig 8; 0113-0114); the driving apparatus is further configured to drive at least one of the optical component and the image sensor component to move according to the different electrical signals, so as to adjust the distance of the optical path between the optical component and the image sensor component to achieve focusing (0075 describes the focusing function)”.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAE K WOO whose telephone number is (571)272-0837. The examiner can normally be reached M-F 8:30-2:30p, 6p-9p.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anhtuan Nguyen can be reached at (571) 272-4963. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Jae Woo/Examiner, Art Unit 3795
/ANHTUAN T NGUYEN/Supervisory Patent Examiner, Art Unit 3795
6/25/26
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